Lenaola drops voters’ suit

Justice Isaac Lenaola was among the four-judge majority who ruled in favour of nullifying the August 8 presidential poll, citing irregularities and illegalities. Photo/File

The Supreme Court has dismissed an application by two Nakuru residents seeking to overturn the nullification of President Uhuru Kenyatta’s victory during the August 8 election.

Justice Isaac Lenaola upheld the dismissal of the application lodged by the two voters, Edward Onyancha and Jackson Ndegwa, by the court’s deputy registrar on grounds that it offended the Constitution and Supreme Court Rules.

Lenaola also noted that the duo did not participate in the hearing of the election petition filed by the National Super Alliance (Nasa) co-principals against Uhuru, the Independent Electoral and Boundaries Commission (IEBC) and its chairman Wafula Chebukati. “The applicants are strangers to the petition which they seek to void.

Unless they had been properly enjoined to it, their attempts to invalidate the petition cannot proceed,” Lenaola said. The two voters in their petition claimed the Supreme Court ruling of September 1 was flawed and incompetent.

Lenaola, however, noted that the application was filed two days before the judges gave their reasoned judgement rendering it premature. “The decision of the deputy registrar cannot be faulted,” he said.